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In November 2011, I was discharged from CA after working about six months. I didn't have adequate wages for UI in CA at the time, so I filed for EUC from a claim in NV I had exhausted in May 2011. I collected EUC from NV from November 2011 to November 2012. Then my payments stopped suddenly and there was an investigation. It turns out that I became eligible for regular UI benefits in CA effective January 1, 2012 and consequently was not eligible for the EUC I had received in 2012 from NV. So now I'm in debt for a $17,000 overpayment. So I went back to CA and applied for regular UI benefits effective January 1, 2012. I received my 26 weeks of Ui from CA and have now exhausted those benefits effective July 7, 2012. On to my question...
Now that I've exhausted UI benefits from both states, who do I apply with for EUC benefits...CA or NV or both? I believe because NV handed me the debt, their records currently reflect that I was paid EUC benefits for November and December 2011. If I had been knowledgeable enough to apply for CA benefits once my wages showed up on January 1, 2012, the logical answer would be that CA would file for EUC on my behalf. But I heard/read somewhere that whoever files the original EUC claim is responsible for paying any future EUC claims. Is this true? What is the likelihood of getting my EUC backdated to July 8, 2012 to help me pay this overpayment back (or at least back to November 2012 when NV stopped paying my weekly continued claims)? NV has records of all my weekly continued claims, so it seems reasonable to expect that they would use the EUC benefits from the second half of 2012 to collect my overpayment debt. But sometimes logic doesn't seem to apply when it comes to unemployment benefits.
If it matters, it turns out that CA found some unused federal wages earned in NV during Q4 2010. So even my CA benefits were based partly on some wages earned in NV.
Thanks in advance for any guidance. I'm amazed at the amount of knowledge by some of the contributors here, but was unable to find a thread that addressed my particular situation. If I missed it, please point me the way.
I'm aware that my state benefits have been exhausted, but I've only used two months of EUC. Shouldn't I have a valid EUC claim with at least one of the states?
In November 2011, I was discharged from CA after working about six months. I didn't have adequate wages for UI in CA at the time, so I filed for EUC from a claim in NV I had exhausted in May 2011. I collected EUC from NV from November 2011 to November 2012. Then my payments stopped suddenly and there was an investigation. It turns out that I became eligible for regular UI benefits in CA effective January 1, 2012 and consequently was not eligible for the EUC I had received in 2012 from NV. So now I'm in debt for a $17,000 overpayment. So I went back to CA and applied for regular UI benefits effective January 1, 2012. I received my 26 weeks of Ui from CA and have now exhausted those benefits effective July 7, 2012. On to my question...
How could you have collected NV EUC Nov. 2011-Nov. 2012 and yet also collected state benefits from CA beginning Jan. 2012, exhausting those benefits in July 2012?
If this is true, you were collecting from CA at the same time as NV was paying EUC.
So, when, exactly did you begin receiving and exhaust CA benefits?
Also, please provide the base-year earnings information on which the CA claim was based. Exact monetary determination, weekly benefit, and base-year wages, by quarter. Other comments:
Yes, since you began EUC in NV before you were eligible for a new CA state claim (Jan 2012), NV should now be using what remains of your EUC towards repayment of the no-fault overpayment. Chances are, you've already exhausted most of it.
The fault, here, actually lies with Nevada. Were you ever asked, while collecting EUC from NV, if you had wages in another state? Under EUC regs, even though you'd just begun EUC in Nov. 2011, NV should have performed another monetary determination in January 2012 for new claim eligibility and stopped your EUC at that time, since you had wages in CA which might qualify for a new state claim. If your wages didn't appear in their database in January, they certainly should have in April when NV would be doing another required quarterly evaluation.
Contact NV on resumption of what might remain of your EUC. If you collected EUC for a year, chances are there isn't much left, if any, remaining. Of course, NV will use whatever remains from that claim as an offset to what you owe. You would need to keep filing in NV, of course, for them to apply that EUC to your debt.
Your next step in wiping this debt from NV, is to apply for a no-fault overpayment hardship waiver - since this overpayment was their fault.
Your CA claim is probably not eligible for EUC, or CA would have transitioned you to EUC by now. In CA, in order for a claim to be eligible for EUC, your total base wages need to exceed 40x your weekly benefit or 1.5x the high quarter wages used in your claim. Normally, CA will send you a letter saying your base period wages do not meet their criteria for EUC, and list the base-period wages. Your original monetary determination letter should state the base period wages, as well.
Ariadne22...Thank you so much for your detailed attention to my question. I will clarify what happened in the order you asked the questions:
So, when, exactly did you begin receiving and exhaust CA benefits?
I applied for my benefits from CA on 1/25/13 with a retroactive effective date of 1/1/12. The claim was approved and I received my first payment on 2/19/13 for the second week of the period 1/1/12 - 1/14/12 (with indication that the first week was a "waiting period"). I filed all my remaining biweekly continued claim forms over the course of the next week and received my final payment on 2/25/13. My final payment was for the period 7/1/12 - 7/7/12, the date my CA benefits were exhausted.
Also, please provide the base-year earnings information on which the CA claim was based. Exact monetary determination, weekly benefit, and base-year wages, by quarter.
Base year earnings:
DEC 2010: 9435.64
MAR 2011: 0.00
JUN 2011: 438.72
SEP 2011: 9295.69
Max benefit amount: 9438
Weekly benefit amount: 363
Were you ever asked, while collecting EUC from NV, if you had wages in another state?
I was asked when I applied for EUC in November 2011 and during the appeals process, they even provided a screen print that indicated that benefits were suspended on 1/4/12 to verify possible eligibility in another state. According to the referee, in spite of what the notes state, NV never actually suspended my benefits nor checked for eligibility in other states until November 2012.
Your next step in wiping this debt from NV, is to apply for a no-fault overpayment hardship waiver - since this overpayment was their fault.
I actually appealed the official determination of non-eligibility effective 12/22/12. During this process, I continued to file my weekly claims (which were obviously not paid while I was in the appeals process). The official decision (ineligibility) was affirmed, but the referee ruled that I was only responsible to repay the amount that I was eligible to receive from CA. This seemed like a reasonable compromise, so I did not appeal the referee's decision.
Your CA claim is probably not eligible for EUC, or CA would have transitioned you to EUC by now.
Agreed, this would have been long over if I had been collecting the benefits along the way. But since I just exhausted my UI last night, I'm sure there will be another week or two before I hear back from CA.
I believe you answered my original question...NV should be paying what is left of my EUC. However, the question remains as to how much EUC I should be entitled. Since I'm paying back the EUC benefits NV paid me from 1/1/12 - 7/7/12 (basically handing to NV the money that was paid to me from CA), am I entitled to an adjustment of the EUC period in order to reflect a begin date of 7/8/12...effectively adding those 26 weeks back into my new EUC claim? Also, since this was NV's fault, what is the likelihood of NV paying me for my continued claims dating back to November 2012 when they finally realized that I was eligible for benefits in CA and stopped paying? If NV had done what they were supposed to in January 2012, I would have been receiving EUC benefits from NV beginning on 7/8/12 without the recent interruption in benefits.
I applied for my benefits from CA on 1/25/13 with a retroactive effective date of 1/1/12. The claim was approved and I received my first payment on 2/19/13 for the second week of the period 1/1/12 - 1/14/12 (with indication that the first week was a "waiting period"). I filed all my remaining biweekly continued claim forms over the course of the next week and received my final payment on 2/25/13. My final payment was for the period 7/1/12 - 7/7/12, the date my CA benefits were exhausted.
So, California backdated this claim and paid you the entire $9,438 within the space of a month, or thereabouts, is that correct?
Does your CA claim information provide a benefit year beginning and end dates?
Your CA base-year earnings would qualify for EUC as they meet both the 40x and 1.5x test. However, these benefits are only available if they are applied for before the benefit year end (bye/expiration) of the claim. CA will not pay EUC on this claim if it shows a bye of 1/2013 or 12/31/2012, without an appeal. Especially, since the Nevada EUC remains to be collected. Older claim EUC must be paid first.
Quote:
am I entitled to an adjustment of the EUC period in order to reflect a begin date of 7/8/12...effectively adding those 26 weeks back into my new EUC claim?
Probably not because of the earlier NV EUC, collection of which would have taken you past the bye of the CA claim if everything had been done correctly in the first place.
Quote:
Also, since this was NV's fault, what is the likelihood of NV paying me for my continued claims dating back to November 2012 when they finally realized that I was eligible for benefits in CA and stopped paying? If NV had done what they were supposed to in January 2012, I would have been receiving EUC benefits from NV beginning on 7/8/12 without the recent interruption in benefits.
Multi-state claims, both of which are eligible for EUC, can be a can of worms. We recently had a poster who collected state benefits from VA. VA refused to pay EUC, saying claimant should file in NJ based on recent wages. He did so, received 6 weeks benefits from NJ, that claim was not eligible for EUC. He then went back to VA, which refused to pay him EUC on their claim. Through NELP, he finally got this explanation from the DOL/BLS:
Quote:
Claimants are only allowed to “go back” to prior state to collect EUC if they had already established an EUC claim in that state prior to qualifying for regular benefits in another state.
Because this claimant immediately qualified for the claim in NJ after (exhausting his/her regular claim in VA), s/he was not an exhaustee for EUC purposes and therefore VA could not establish (by law) an EUC claim and was required by to refer the claimant to NJ (as that was the state in which the claimant had regular eligibility).
Correct...my claim was fulfilled within the last month or so.
I don't have BYE specifically on my award letter, but the "claim" beginning and end dates are 1/1/12 - 12/29/12.
Given your explanation, would it be unreasonable to request NV reestablish my EUC claim effective 7/8/12 and consider the period(s) 7/8/12 - 11/19/12 (the last week my continued claims were paid) issued/paid? Additionally, would it be inappropriate to request to be paid for the continued claims I filed from 11/20/12 to present? Finally, should I wait for documentation from CA that indicates I've exhausted my UI benefits before I contact NV to reestablish my UIC claim?
I don't have BYE specifically on my award letter, but the "claim" beginning and end dates are 1/1/12 - 12/29/12.
The bye per above is 12/29/12. Which means the time to establish EUC on the CA claim has passed.
Quote:
Originally Posted by mngatewood
Given your explanation, would it be unreasonable to request NV reestablish my EUC claim effective 7/8/12 and consider the period(s) 7/8/12 - 11/19/12 (the last week my continued claims were paid) issued/paid?
Absolutely. These payments should be considered offsets to monies NV says it has overpaid.
Quote:
Originally Posted by mngatewood
Additionally, would it be inappropriate to request to be paid for the continued claims I filed from 11/20/12 to present?
Of course. Based on the corrected timeline, assuming you resumed NV EUC in July, you were/are entitled to:
14 weeks EUC Tier 1 - since you received 6 wks Tier 1 b/f 12/31/2011
14 weeks EUC Tier 2
09 weeks EUC Tier 3
10 weeks EUC Tier 4
NV may be very happy not to consider this a collectible item. If NV overpaid you 43 or more weeks, but that is offset by 30 weeks owed for July 2012-Feb. 2012, balance owed to NV is 13 weeks, roughly. Your own math will be more accurate, but you get the idea.
Do not rush to repay Nevada if this is the case. I doubt they'll begin collection proceedings at this point. If you can continue to claim what remains of EUC, NV will be made whole. If the state won't cooperate with you, appeal.
Quote:
Originally Posted by mngatewood
Finally, should I wait for documentation from CA that indicates I've exhausted my UI benefits before I contact NV to reestablish my UIC claim?
That would be a good idea. California should be notifying you that your benefits under that claim are exhausted.
Thank you so much! You have been an incredible resource and I appreciate your time. Once everything is settled, I will certainly return to share the results.
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